seven years and is a single mother of two. She met the buyers at an open house at the property and worked with them as customers until they announced during their third visit to the house that they wanted to buy it and were going to make an offer
and thanked for their service and the listing agent is cast in a sympathetic light. There were no personal attacks made against the other agent.
. With this statement,
the question of who was the procuring cause of the sale became settled. It was only after this occurred that Jenny Jones arrived on the scene and announced that she was representing the buyers and would be writing the contract. Buyers are always entitled to representa- tion. However
, the broker representing the buyer is
not entitled to share in the listing broker’s commission unless that broker is the procuring cause of the sale. Since Jenny was not the procuring cause of the sale, she should not now be sharing in the commission that Sally worked so hard to earn. Thank you.”
This opening statement above: 1) immediately tells the
panel what the dispute is about; 2) quickly explains the listing agent’s side of the story; 3) suggests to the panel the test for resolving the dispute; and 4) identifies the key facts that should result in the listing agent winning the case. At the same time, the panel is acknowledged
[4] THE PRESENTATION OF THE CASE Both sides in a REALTOR®
arbitration are given wide
latitude in how they present their cases. The rules of ev- idence do not apply and most panels are inclined to allow evidence to be considered that would not normally be admissible in a court of law. So, for example, letters and statements from persons who are not present at the ar- bitration are normally allowed in. The presentation of the case is the place for each party to be as detailed as possi- ble. My recommendation is for the broker to be something of a master of ceremonies and guide the various witnesses through their presentations in the case. The broker may want to start by telling the panel who will be speaking and how long the overall presentation will likely last. Setting realistic expectations with the panel on the length of the arbitration will help prevent them from growing impatient and allow them to better plan their day. So, for example, the broker might say something like the following:
“My goal is to present our case as quickly and efficiently as possible. T
o help move things along, I am going to ask
Sally some questions, the answers to which will allow her to quickly explainthe nature of this dispute. After that,
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